1 APHC010241512020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15893/2020 Between: 1. VADLAMUDI ASHOK, S/O. SUBRAMANYAM NAIDU, AGE. 27, R/O. GARIKANETTU VILLAGE, MOGARALA POST, PAKALA MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR PANCHAYAT WING, CHITTOOR DISTRICT AT CHITTOOR. 3. THE DISTRICT PANCHAYAT OFFICER, CHITTOOR DISTRICT AT CHITTOOR. 4. MOGARALA GRAM PANCHAYAT, REP. BY ITS EXECUTIVE AUTHORITY CUM-PANCHAYAT SECRETARY, MOGARALA VILLAGE, PAKALA MANDAL, CHITTOOR DISTRICT. 5. TAHSILDAR, PAKALA MANDAL, CHITTOOR DISTRICT. 2 6. VILLAGE REVENUE OFFICER, GARIKANETTU VILLAGE, MOGARALA POST, PAKALA MANDAL, CHITTOOR DISTRICT. 7. MANDAL PARISHAD DEVELOPMENT OFFICER, REP. BY ITS EXECUTIVE AUTHORITY, PAKALA MANDAL, CHITTOOR DISTRICT. 8. D JANARDHAN, S/O. D.VENKATESH, AGED 65 YEARS, RIO. GARIKANETTU VILLAGE, MOGARALA POST, PAKALA MANDAL, CHITTOOR DISTRICT. 9. L LOKESH NAIDU, S/O. L.RAMACHANDRA NAIDU, AGED 39 YEARS, RIO. GARIKANETTU VILLAGE, MOGARALA POST, PAKALA MANDAL, CHITTOOR DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents, particularly respondents 4 to 7 in contemplating to form Road through petitioner's land of Ac. 0.23 cents in Survey Number 660/D2 of Mogarala Village in Pakala Mandal of Chittoor District, as illegal, irregular, irrational, without any authority of law and violative of provisions of Central Act, 30 of 2013 and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with his land nor form any road thereon and pass Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. V VINOD K REDDY 3. SURESH KUMAR REDDY KALAVA 3 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.15893 of 2020 This Court made the following ORDER: Heard learned counsel for the petitioner and learned Standing Counsel for Respondent Nos.4 to 7 and perused the material placed on record. 2. Learned counsel for the petitioner submits that the Respondents are trying to contemplate to form a road to through petitioner’s land of Ac.0.23 cents in Sy.No.660/D2 of Mogarala Village in Pakala Mandal of Chittoor District. He further submits that the subject land was vested with the petitioner having acquired the same vide title deed dated 01.12.2014. Since then the petitioner has been in peaceful possession and enjoyment of the subject property. While so, without following due process of law and without there being any prior notice, the respondents are trying to lay a road through petitioner’s land. Hence the writ petition. 3. On the other hand, learned Standing Counsel for Respondent Nos.4 to 7 submitted written instructions on behalf of Respondent No.4, wherein it is stated as under: “Further it is submitted that, the Grama Panchayat have passed resolution (No.44) to form gravel road on the said land on 4 07.08.2020. Based on the resolution, Gram Panchayat has started work for forming the road. At that time, petitioner has objected that the land belongs to him. Consequently, Gram Panchayat has stopped the work and requested for clarification from the Revenue Department. Further it is submitted that, Hon’ble High Court in interim orders on 11.09.2020 directed the respondents to not to carry out the road work in the land belonging to the petitioner, Gram Panchayat did not start any work on the said land as per directions of Hon’ble High Court of Andhra Pradesh.” 4. Considering the submission of learned counsel for the petitioner and in view of clear and categorical instructions, the 4th respondent did not carry out any work of laying road through petitioner’s land and the same was stopped. However, if the Gram Panchayat intends to lay any road or change of earlier plan, respondents are directed to follow due process in accordance with law. 5. With the above directions, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 17.09.2025 krk 5 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.15893 of 2020 17.09.2025 krk 121